Allowed

Praveen v. Snehal

Karnataka HC11 Oct 2019MFA/101199/2014

Case brief

AI extract

What is this about?

Two appeals filed under the Family Courts Act and Hindu Marriage Act were disposed of by a High Court bench after the parties reached an amicable settlement via an interlocutory application. The court accepted the compromise petition which stipulated dissolution of marriage, payment of maintenance, and withdrawal of mutual allegations.

What did the court decide?

Appeals disposed on terms of compromise: dissolution of marriage, payment of Rs. 14 lakhs by appellant, withdrawal of all allegations, and separate divorce decree.

Praveen Vs Snehal — Matrimonial and Divorce | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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Dated this the 11^TH day of October 2019

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Present

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THE HON’BLE MR.JUSTICE ALOK ARADHE

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and

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THE HON’BLE MR.JUSTICE P.G.M. PATIL

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MFA NO.101199/2014 (FC) C/W MFA NO.101315/2014

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MFA NO.101199/2014:

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BETWEEN

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SHRI. PRAVEEN S/O RAMKRISHNA NIKAM, AGED: 34 YEARS, OCC: BUSINESS, R/O: H.NO.2640/1, PUSHPAHAS, 2^ND MAIN V.V. MOHALLA, MYSORE-570 001.

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... APPELLANT

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(By SRI. ROHIT S. PATIL, ADV.)

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AND

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SMT. SNEHAL W/O PRAVEEN NIKAM, AGED: 33 YEARS, OCC: HOUSE WIFE, R/O: JAI 1904, E WARD RAJARAMPURI, 11^TH CROSS, KOLHAPUR, MAHARASTRA.

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... RESPONDENT

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(By SRI. RAMESH I. ZIRALI, ADV.)

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MFA FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 02.04.2014 PASSED IN MATRIMONIAL CASE NO.220/2010 ON THE FILE OF THE JUDGE FAMILY COURT BELGAUM, DISMISSING THE PETITION FILED UNDER SECTION 9 OF THE HINDU MARRIAGE ACT.

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MFA NO.101315/2014:

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BETWEEN

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SHRI. PRAVEEN S/O RAMKRISHNA NIKKAM, AGE: 34 YEARS, OCC: BUSINESS, R/O: H.NO. 2640/1, PUSHPAHAS, 2ND MAIN V .V. MOHALLA, MYSORE-570 001.

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... APPELLANT

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(By SRI. ROHIT S. PATIL,ADV.)

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AND

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SMT. SNEHAL W/O PRAVEEN NIKKAM, AGED: 33 YEARS, OCC: HOUSEWIFE, R/O: JAI 1904, E WARD, RAJARAMPURI, 11TH CROSS, KOLHAPUR. STATE: MAHARASHTRA.

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... RESPONDENT

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(By SRI. RAMESH I ZIRALI, ADV.)

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MFA FILED UNDER SECTION 28 OF THE HINDU MARRIAGE ACT 1956, PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE PASSED DATED 02.04.2014 IN

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M.C.NO.75/2010 ON THE FILE OF COURT OF JUDGE THE FAMILY COURT, BELGAUM AT BELGAUM.

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THESE APPEALS COMING ON FOR ORDERS THIS DAY, ALOK ARADHE, J, DELIVERED THE FOLLOWING:

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JUDGMENT

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Sri. Rohit S. Patil, learned counsel for appellant

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along with Praveen R. Nikkam is present. Sri. Ramesh I. Zirali, learned counsel for respondent along with Smt. Snehal P. Nikkam is present.

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Heard on I.A.No.1/2019 an application

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under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure. Passed decree in terms of the compromise petition between the parties.

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When the matter was taken up today, learned counsel for the parties jointly stated that they have amicably settled the dispute between them and

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the appeal may be disposed of on the terms of the compromise which have been referred to in paragraphs

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7 to 13 of I.A.No.1/2019. The aforesaid submission is placed on record. Accordingly the appeals are disposed of in terms of the compromise petition between the

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parties which are reproduced as under:

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“…7. It is agreed between the parties that, marriage celebrated on 25/8/2004 at Kolhapur between appellant and respondent is to be dissolved by a decree of divorce.

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8. That the daughter of appellant by name “Rachana Nikkam” is to reside with Smt.Snehal W/O Praveen Nikkam, she has undertaken to look after the welfare, education and marriage of their daughter.

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9. That the appellant Shri.Praveen Ramakrishna Nikkam has agreed to pay a sum of Rs.14 lakhs to respondent and their daughter “Rachana Nikkam” towards their maintenance, marriage expenses, expenses for the education etc. This is agreed to paid through demand draft drawn on 24/09/2019 bearing No 502758 from ICICI Bank Infosys Hyderabad Branch Hyderabad.

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10. That the respondent Smt.Snehal W/O Praveen Nikkam and daughter Kumari Rachana Nikkam have no right, interests and title over the movable and immovable properties of Praveen Ramakrishna Nikkam and entire Nikkam family

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hereafter. The rights if any are extinguished by this compromise petition.

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11. That the allegations, counter allegations of appellant and respondent on each other in the family court at Belagavi, before this Hon’ble court are agreed to be withdrawn unconditionally.

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12. That the appellant and respondent can have an independent life as per their sweet will and desire. That the daughter Kumari Rachana Nikkam has no subsisting right in or over the personal and family properties of appellant Praveen Nikkam and Nikkam family.

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13. That the decree is drawn in M.C.No 75/2010 and M.C. No 220/2010 dated 02/04/2014 on the file of Family Court Belagavi may be set aside and a separate decree of divorce as stated above may be drawn in terms of the conditions enumerated in this compromise petition.

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In our presence, the appellant has handed over the demand draft of Rs.14,00,000/- to the respondent and the respondent has acknowledged the receipt of the same. It is also placed on record that in terms of the compromise petition by the parties, the respondent has withdrawn the Criminal M.A.No.432/2017 vide order dated 04.10.2019.

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Accordingly the appeals are disposed of.

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Sd/JUDGE

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Sd/JUDGE

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KGK

Praveen v. Snehal

Case brief

What is this about?

What did the court decide?

Praveen v. Snehal

Case brief

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